1.1 All Netminders's customers ("Customers") are responsible for reviewing and complying with this Acceptable Use Policy ("AUP"). Customers who provide services to their own users must affirmatively and contractually pass on the restrictions of this AUP to users, and take steps to ensure compliance by their users with this AUP including, without limitation, termination of users who violate this policy.
1.2 This Policy is subject to change with notice by publication on this Web site. Customers are responsible for monitoring this web site for changes. For clarity, Customer shall be solely responsible for all the acts or activities of the users, regardless of whether the Customer is aware of or can prevent the act or activities of the users.
1.3 The examples named below are not exhaustive and are provided solely for guidance to Customers. If any Customer is unsure of whether a contemplated use or action is permitted, it is Customer's responsibility to check with Netminders whether the use is permitted by contacting Netminders via electronic mail.
Customers or users shall not use the Netminders's network, machines, or services (collectively, "Service") in any of the following manner:
In addition, Customers for Netminders's Co-location and web hosting service, who provide services to their own users must:
4.1 No Customers or users may send any unsolicited ("opt-out") email, whether in bulk or not. Sending unsolicited bulk email from another provider advertising or implicating, directly or indirectly, the use of any service hosted or provided by Netminders, including without limitation email, web, FTP, and DNS services, is prohibited and is ground for termination of those services to Customers or users who engage in the practice.
4.2 Netminders Customers or users who send bulk email to "opt-in" lists must have a method of confirmation or verification of subscriptions and be able to show evidence of subscription for users who complain about receiving unsolicited email.
4.3 The following actions are also prohibited:
In addition, the following restrictions apply to Customer or newsgroup postings by its users:
6.1 The web space and public FTP space included with a dialup account may not be resold or used for adult-oriented material.
6.2 Netminders reserves the right to require that sites using web or FTP space which receive high amounts of traffic be moved to other servers.
6.3 Web pages and FTP files may not contain any material, text, or images, whether hosted on Netminders servers or "transclusioned" (images from another site displayed on the page) which violate or infringe any copyright, trademark, patent, statutory, common law, or proprietary rights of others. Web pages and FTP files may not contain links that initiate downloads of copyright infringing or other illegal material.
Users may not run on Netminders servers any program, which makes a service or resource available to others, including but not limited to port redirectors, proxy servers, chat servers, file servers, and IRC bots. Users may not run such programs on their own machines to make such services or resources available to others through a Netminders dialup account; a dedicated access account is required for such purposes. Customers are responsible for the security of their own networks and machines. Netminders will assume neither responsibility nor accountability for failures or breach of customer-imposed protective measures, whether implied or actual. Abuse that occurs as a result of a compromised customer's system or account may result in suspension of services or account access by Netminders. Any programs, scripts, or processes which generate excessive server load on Netminders servers are prohibited and Netminders reserves the right to terminate or suspend any such program, script, or process.
Customers and users may not advertise, distribute, or use software intended to facilitate sending unsolicited bulk email or harvest email addresses from the Internet for that purpose. Customers and users may not sell or distribute lists of harvested email addresses for that purpose.
Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software. This can include failure to update software used on Customer account or web site that is known to be vulnerable to malicious activity or exploitation. Netminders also expects Customer to use secure passwords to protect Customer account and associated email accounts. Use of passwords deemed by Netminders to be insecure is a violation of this AUP.
Use of the NetmindersHost service for any activity which affects the ability of other people or systems to use NetmindersHost Services or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the Member's responsibility to ensure that their network is configured in a secure manner. Customers and users may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. Customers and users may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. NetmindersHost will not tolerate any customers and users attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.
11.1 Should Netminders be of the view that Customers or users have breached any one of the above provisions or should Netminders receive any written complaint(s) from any third party alleging that the Customer or user has or have breached any one of the above provisions, notwithstanding anything to the contrary contained in the General Terms and Conditions for Netminders Services, Netminders shall be entitled to suspend or terminate the Service or to take down or remove any contents that is/ are posted in the Internet via Netminders's Service immediately without any notice and without any liability for such suspension or termination or any other actions to remove or to take down the contents.
11.2 If Netminders exercises its right of termination as mentioned above, Customer shall be deemed to be in default of the material or important term of the applicable terms and conditions between Customer and Netminders; accordingly Customer shall be liable to pay Netminders any early termination charges arising therefrom and details of such early termination charges are more particularly detailed in the General Terms and Conditions for Netminders Services.